‘maybe the saddest case I’ve ever dealt with’


Feb. 16—A Westmoreland County judge said he struggled with how to strike a balance between the rough upbringings that impacted three young defendants and their convictions last year related to their roles in July 3, 2022, fatal shooting in front of a New Kensington apartment building.

Amir Kennedy, 16, DaMontae Brooks, 17, and Elijah Gary, 20, all of New Kensington, were sentenced Friday to lengthy prison sentences in connection with the death of 39-year-old Jason Raiford.

“None of these defendants had a fighting chance,” said Judge Christopher Feliciani, as he acknowledged hardships such as poverty, fatherless households and lives surrounded by violence.

Kennedy, who police said shot Raiford 11 times — including multiple rounds to his back as he lay on the ground — was ordered to serve 30 to 60 years in prison.

Prosecutors described Gary as the ringleader of the group of seven young men and teens who ambushed Raiford at the Valley Royal Court Apartments over an owed drug debt. He was sentenced to 10 to 20 years behind bars.

Brooks, who authorities said held a gun to Raiford’s back during the melee that preceded the shooting, was sentenced to serve eight to 16 years in prison.

Following a weeklong trial in December, Kennedy was convicted of first-degree murder, robbery and conspiracy in Raiford’s death. Gary was found guilty of robbery, conspiracy and aggravated assault, and Brooks was convicted of robbery counts and a weapons offense.

Gary and Brooks were acquitted of homicide charges.

In all, seven young men and juveniles were prosecuted for their roles in Raiford’s death.

Raiford’s father, wife and the oldest of his two young children testified that the fatal shooting left a hole in their family.

“This is how you impacted my life: me having to know my dad won’t be there for the biggest days of my life, me not knowing how to live without a dad,” said Raiford’s 11-year-old daughter, Jalyn.

Defense attorney Ken Noga said Kennedy grew up in dire circumstances. Noga refuted claims his client was a cold-blooded killer, instead calling him a scared child who made a tragic mistake. He said Kennedy was kicked out of his home at 14 and was left to fend for himself after moving to New Kensington.

The judge said he took into consideration the impact of crime and life circumstances of Kennedy, Gary and Brooks.

“I find myself in a surreal position, trying to comprehend this whole scene,” Feliciani said. “For the life of me, I can’t imagine a 14-year-old being kicked out of the house. I’m not sure who is responsible here but, at the same time, what did anyone expect to happen?

“This is maybe the saddest case I’ve ever dealt with.”

Kennedy was 14 and Brooks was 15 at the time of their arrests. Both were prosecuted as adults.

Kennedy received a 25- to 50-year sentence for Raiford’s murder and a consecutive five- to 10-year sentence for robbery.

Gary, through defense attorney Emily Smarto, asked for a reduced sentence based in part on his difficult upbringing.

Gary’s mother, Tayona Claybourne, testified her son was a well-behaved child. Claybourne suggested Raiford’s death was a circumstance of his own making. She characterized him as a dangerous man with a reputation for violence in New Kensington.

“He got involved with children. (Gary) was hanging out down there, and nothing happened until Jason Raiford came down there. If he never came down to see any of these children, none of this would have happened,” Claybourne testified.

Prosecutors asked that Gary receive up to 30 years behind bars.

Assistant District Attorney Jackie Knupp disputed Claybourne’s description of Raiford. Knupp suggested that Gary’s actions and role as a drug dealer served as the impetus for the killing.

“Without Elijah Gary and his actions that day, Jason Raiford would still be alive. He (Gary) was the ringleader,” Knupp said. “I find it offensive that he wants mercy because his father died at a young age. He took a father.”

Brooks, who was 15 at the time of his arrest, asked for house arrest. The judge referenced a pre-sentence report that detailed Brooks’ background that included a conviction in juvenile court for vehicle theft and claims he made that he fathered four children before being taken into custody.

Prosecutors suggested Brooks’ fatherhood claim was a fabrication to solicit favor from the judge.

Brooks apologized for his actions related to Raiford’s murder.

“I learned a lot about myself while incarcerated,” Brooks said. “If I could take back what I did that day, I would. I didn’t have those intentions. I was young and made some mistakes, and I regret it.”

Rich Cholodofsky is a TribLive reporter covering Westmoreland County government, politics and courts. He can be reached at rcholodofsky@triblive.com.

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